HB 1235-FN – AS INTRODUCED
2006 SESSION
03/09
HOUSE BILL 1235-FN
AN ACT establishing a criminal penalty for driving a commercial motor vehicle while violating an out-of-service order.
COMMITTEE: Criminal Justice and Public Safety
This bill establishes a criminal penalty for driving a commercial motor vehicle while violating an out-of-service order or causing a commercial motor vehicle to be driven in violation of an out-of-service order.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2201
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT establishing a criminal penalty for driving a commercial motor vehicle while violating an out-of-service order.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Disqualification and Out-of-Service Orders; Penalty. Amend RSA 263:93-a by inserting after paragraph II the following new paragraph:
III. Any person who drives a commercial motor vehicle while violating an out-of-service order shall be guilty of a misdemeanor. Any person who causes a commercial motor vehicle to be driven in violation of an out-of-service order shall be guilty of a misdemeanor.
2 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2201
11/4/05
HB 1235-FN - FISCAL NOTE
AN ACT establishing a criminal penalty for driving a commercial motor vehicle while violating an out-of-service order.
FISCAL IMPACT:
The Department of Justice and Association of Counties have determined this bill will increase county expenditures by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on state and local expenditures or state, county and local revenues.
METHODOLOGY:
The Administrative Office of the Courts (AOC) stated this bill will make it an unspecified misdemeanor to drive or cause a commercial vehicle to be driven in violation of an out-of service order. This is accomplished by adding subparagraph III to RSA 263:93-a. Currently, subparagraphs I and II of that RSA section make the penalty for this offense an administrative suspension of one’s commercial license. The Department of Safety has advised the judicial branch that there are only a handful of commercial license suspensions per year. The Department did not have exact numbers for this particular offense by there would be few, if any, annually. Thus, this new offense would add few, if any, cases to the judicial branch’s caseload annually. Even at the level of an unspecified misdemeanor, the judicial branch anticipates that this bill will result in an insignificant fiscal impact.
The Department of Justice (DOJ) stated this bill will have no fiscal impact on the DOJ. This bill creates a misdemeanor motor vehicle offense for driving a commercial vehicle while violating an out-of service order. Such an offense would be prosecuted by the county attorney or local law enforcement, thus this bill would not cause the DOJ to expend any time or resources.
The Association of Counties stated this bill creates a new class misdemeanor. To the extent individuals are prosecuted, the county may incur the cost of pre-trial detainment at the county department of corrections, as well as the cost of sentenced inmates under the new law. The average cost for counties to incarcerate inmates is $21,634. However, the total exposure to the counties would be determined by the number of individuals convicted and sentenced under the new law, which cannot be determined at this time.